Continuing Health Ins it necessary

My wife and I have been separated for well over a year. Neither of us has made the move to file for divorce at this moment. I have continued to carry her on my health insurance through work. I have asked her to start paying for her portion of this (until we do officially divorce along with a couple other bills) but I have no confirmation yet that she will. Open season will come up soon. Is it legal for me to drop her coverage even though she will have no other coverage if I do or will this cause problems? Just as a note, she cheated on me and is currently living with that person.

If there is no court order or separation agreement requiring you to provide health insurance for your wife, then you are not obligated to do so. However, it may help you in negotiations to keep things status quo by continuing to provide the health insurance coverage, assuming you still need to work out the financial details of a separation, including property division.

One way you could expedite this is to file for absolute divorce and also include a claim for equitable distribution. This would enable you to get divorced (and thereby be able to drop her from your health insurance policy) but still preserve the division of the marital property (assuming the division of marital property is an issue that has not been settled).

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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